House of Lords Journal Volume 35: April 1777 1-10

April 1777 1-10

DIE Martis, 8^o Aprilis 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Luttrell against L.Iraham.

The several Answer of Simon Lord Baron Irnham, of the Kingdom of Ireland, to the Appeal of the Honourable Henry Lawes Luttrell Esquire, was this Day brought in.

Waterhouse's Charity Bill, Petition in Favour of.

Upon reading the Petition of the Owners and Occupiers of Messuages, Lands, and Tenements, in Halifax, Sowerby, Midgley, Warley, Ovendon, Skircoate, Northowram, Southowram, Hipperholme, and Shelfe, all in the Parish of Halifax, in the County of York, whose Names are thereunto subscribed, taking Notice of a Bill depending in this House, intituled, "An Act for uniting and better regulating the Charities of Nathaniel Waterhouse, within the Town and Parish of Halifax, in the West Riding of the County of York;" and praying their Lordships, "That the same may pass into a Law, under such Regulations as to their Lordships shall seem proper; and that the Petitioners on Behalf of the Poor may be heard in Favour of the said Bill, by themselves or their Counsel, before a Committee, or at the Bar of this House, as to their Lordships shall seem meet:"

It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees to whom the said Bill stands committed; with Liberty for the Petitioners to be heard by their Counsel before the said Committee, as desired.

Weddell Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of William Weddell Esquire; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Settled Estates of William Weddell Esquire, in Trustees to be sold; and for laying out the Money arising by such Sale in the Purchase of Lands and Hereditaments to be settled in lieu thereof; and for the other Purposes therein mentioned."

Monmouth Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act, passed in the Twenty-eighth Year of the Reign of King George the Second, for repairing and widening the several Roads therein mentioned, leading to, through, and from the Town of Monmouth."

Little Cressingham Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Open and Common Fields, Heaths, Half-year Lands, and other Commonable Meadows, Pastures, and Grounds, within the Parish of Little Cressingham, in the County of Norfolk."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Luttrell against L. Irnham.

The House being moved, "That a Day may be appointed for hearing the Cause wherein the Honourable Henry Lawes Luttrell is Appellant, and Simon Lord Irnham is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes, after those already appointed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 9^o Aprilis 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Irvine against E. Aberdeen et al.:

The Order of the Day being read, for hearing Counsel in the Cause wherein Alexander Irvine of Drum, Esquire, is Appellant, and George Earl of Aberdeen and others, are Respondents; being an Appeal complaining of Three Interlocutors of the Lords of Session in Scotland, of the 21st of January, 28th of February, and 24th of July 1771; also of Two other Interlocutors of the said Lords, of the 24th and 31st of July 1772; and also of another Interlocutor of the said Lords, of the 26th of June 1776; and praying, " That the same may be reversed, in so far as the same are complained of, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet:"

It was proposed, "That the Counsel be directed to proceed First upon the Two Interlocutors of the Lords of Session in Scotland, of the 24th and 31st of July 1772, relative to the recording of the Entail executed by Alexander Irvine of Drum, in the Year 1683."

The same was agreed to, and ordered accordingly.

Whereupon;

The Counsel were called in and acquainted therewith.

Mr. Solicitor General was heard for the Appellant upon the said Two Interlocutors.

Mr. Rae also heard for the Appellant upon the said Two Interlocutors.

Mr. Attorney General was heard for the Respondents upon the said Two Interlocutors.

The Lord Advocate for Scotland was heard for the Respondents upon the said Two Interlocutors.

Mr. Solicitor General was heard to reply.

The Counsel were directed to withdraw.

Interlocutors of 24th and 31st July 1772, affirmed.

Ordered and Adjudged, That the said Interlocutors of the 24th and 31st of July 1772, complained of in the said Appeal be, and the same are hereby Affirmed.

Ordered, That the further hearing of the said Cause be adjourned till To-morrow.

Sawley, &c. Canal Bill.

A Message was brought from the House of Commons, by Mr. Curzon and others:

With a Bill, intituled, "An Act for making and maintaining a Navigable Cut or Canal from the River Trent, in the Lordship of Sawley and Long Eaton, in the County of Derby, to or near Langley Bridge, in the Counties of Derby and Nottingham;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Brampton Enclosure Bill.

A Message was brought from the House of Commons, by Mr. Stour and others:

With a Bill, intituled, "An Act for dividing, allotting, and enclosing, the several Moors, Commons, and Waste Grounds, lying within the Manor and Parish of Brampton in the County of Cumberland;" to which they desire the Concurrence of this House.

Farlam Enclosure Bill.

A Message was brought from the House of Commons, by Mr. Stour and others:

With a Bill, intituled, "An Act for dividing, allotting, and enclosing, the several Moors, Commons, and Waste Grounds, lying within the Manor and Parish of Farlam, in the County of Cumberland;" to which they desire the Concurrence of this House.

Civil List Debt, His Majesty's Message? and Accounts relative to, delivered.

The Earl of Suffolk acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to their Lordships."

And the same was read by the Lord Chancellor, and is as follows; (videlicet):

GEORGE R.

It gives His Majesty much Concern to find Himself obliged to acquaint this House with the Difficulties He labours under, by Reason of Debts incurred by the Expences of His Household, and of His Civil Government, which being computed on the 5th Day of January last, do amount to more than Six hundred thousand Pounds: His Majesty relying on the loyal and affectionate Attachment of this House to His Person and Government, which he has experienced on so many Occasions, doubts not of their Readiness to concur in enabling Him to discharge this Debt, and in making some further Provision for the better Support of His Majesty's Household, and of the Honour and Dignity of the Crown.

"G. R."

The Earl of Suffolk likewise (by His Majesty's Command) laid before the House;

"An Account of all the Civil List Expences which incurred and became due between the 5th Day of January 1769 and the 5th Day of January 1777, according to the Establishments and other Appointments then in Use, distinguishing each Year; including the Sums paid by the several Receivers of the Extra Revenues within the same Time, for His Majesty's secret and special Service."

"An Account of the Payments for His Majesty's Civil Government, and for the Support and Maintenance of His Household and Royal Family, from the 5th Day of January 1769 to the 5th Day of January 1777, distinguishing each Year, and the several Heads of Expence."

"An Account shewing the Amount of the Monies that would have been applicable to the Expences of His Majesty's Civil Government, if the hereditary and temporary Revenues, and so much as was granted to His late Majesty out of the Aggregate Fund, and the Duty arising from Wine Licences, had been granted to His present Majesty from His Accession to the 5th of January 1777; the Amount of the Annuity received by His Majesty in lieu of those Revenues; and the Advantage to the Publick, after deducting as well the said Annuity as the Money granted by Parliament to pay off the Civil List Debt, on the 5th of January 1769."

"An Account of the several Sums which were due and unpaid at the Receipt of the Exchequer, for the Expence of His Majesty's Civil Government, on the 5th Day of January 1777, with the Money applicable towards discharging the same, and the Debt then remaining unprovided for."

"An Account of all Monies which have been issued and paid at the Receipt of His Majesty's Exchequer, to any Person or Persons, on Account of the Privy Purse, secret Service, Pensions, Bounties, Contingencies, or any Sum or Sums of Money to any Person or Persons whatsoever, without Account, from the 5th Day of January 1769 to the 5th Day of January 1777."

And the Titles thereof being read by the Clerk:

Ordered, That the said Accounts do lie on the Table.

Ordered, That this House will take into Consideration His Majesty's most gracious Message on Wednesday next; and that the Lords be summoned.

White's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for rendering valid and effectual a Partition between Taylor White Esquire and Sarah his Wife, and Thomas Fowke Esquire and Ann his Wife, of several Estates in the Counties of Huntingdon, Leicester, Cambridge, Essex, and Kent; and for vesting and settling the same to the Uses and upon the Trusts contained in their respective Marriage Settlements; and for other Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet on Thursday, the 24th Day of this Instant April, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Weddell's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Settled Estates of William Weddell Esquire, in Trustees to be sold, and for laying out the Money arising by such Sale in the Purchase of Lands and Hereditaments to be settled in lieu thereof; and for the other Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Sir E. Swinburne's Estate Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain Messuages and Hereditaments in the several Parishes of Kirkwhelpington, Lowick, and Simonburne, in the County of Northumberland, late Part of the Estate of Sir John Swinburne Baronet, deceased, in Trustees and their Heirs, in Trust to be sold, discharged from the Uses, Trusts, Charges, and Powers in the Will of the said Sir John Swinburne mentioned; and for applying the Money to arise by Sale thereof in Manner therein mentioned; and for other Purposes therein expressed," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Sir W. Hamilton's Estate Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for vesting Part of the Settled Estates of Sir William Hamilton, and Dame Catherine his Wife, in Trustees, to sell or exchange the same; and for laying out the Money to arise by Sale thereof in the Purchase of other Messuages, Lands, or Hereditaments, to be settled to the same Uses," was committed.

Ordered, That the said Bill be engrossed.

Little Cressingham Enclosure Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing, the Open and Common Fields, Heaths, Half-year Lands, and other Commonable Meadows, Pastures, and Grounds, within the Parish of Little Cressingham, in the County of Norfolk," was committed.

Brewton, &c. Road Bill.

A Message was brought from the House of Commons, by Mr. Phelips and others:

With a Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers, of an Act of Parliament, made in the Twenty-ninth Year of the Reign of His late Majesty, for repairing and widening several Roads leading from and near the Town of Brewton, in the County of Somerset; and for repairing and widening the Street from the North or North East End of Coombe Street, along Patwell Street, in the said Town of Brewton, to the South or South East Side of Dymond's River;" to which they desire the Concurrence of this House.

York Buildings Company Estate Bill.

A Message was brought from the House of Commons, by Sir Adam Fergusson and others:

With a Bill, intituled, "An Act for expediting the Sale of the Estates in Scotland, belonging to the York Buildings Company, for the Relief of their Creditors;" to which they desire the Concurrence of this House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 10^o Aprilis 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Irvine against E. Aberdeen et al.

The Order of the Day being read, for hearing Counsel further in the Cause wherein Alexander Irvine of Drum, Esquire, is Appellant, and George Earl of Aberdeen, and others, are Respondents; being an Appeal complaining of Three Interlocutors of the Lords of Session in Scotland, of the 21st of January, 28th of February, and 24th of July 1771; also of Two other Interlocutors of the said Lords, of the 24th and 31st of July 1772; and also of another Interlocutor of the said Lords, of the 26th of June 1776; and praying, "That the same may be reversed."

The Counsel were accordingly called in.

Mr. Solicitor General was heard for the Appellant upon the other Interlocutors.

The Counsel were directed to withdraw.

Ordered, That the further hearing of the said Cause be put off till To-morrow; and that the Counsel be called in at One o'Clock.

Jones's Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting in Trustees and their Heirs, certain Estates of Philip Jones and Robert Berkeley, Esquires, in the Counties of Kent and Sussex, in order to sell the same, and with Part of the Purchase Money to discharge certain Incumbrances thereon; and for laying out the Residue of the Purchase Money in the Purchase of other Estates, to be settled to the same Uses as the said Estates to be sold stand limited," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Wheatley's Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting certain Pieces or Parcels of Ground and Hereditaments, in the County of Kent, Part of the Settled Estate of William Wheatley Esquire, in Trustees to be sold to Sir Sampson Gideon Baronet, pursuant to Agreement; and for laying out the Money arising by Sale thereof in the Purchase of other Lands or Hereditaments, to be settled to the same Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto;" which Amendments being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Sawley. &c. Canal Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making and maintaining a Navigable Cut or Canal, from the River Trent, in the Lordship of Sawley and Long Eaton, in the County of Derby, to or near Langley Bridge, in the Counties of Derby and Nottingham."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Sir W. Hamilton's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Part of the Settled Estates of Sir William Hamilton and Dame Catherine his Wife, in Trustees to sell or exchange the same; and for laying out the Money to arise by Sale thereof, in the Purchase of other Messuages, Lands, or Hereditaments, to be settled to the same Uses."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was ordered to be sent to the House of Commons, by Mr. Pechell and Mr. Hett:

To carry down the said Bill, and desire their Concurrence thereto.

Little Cressingham Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing, the Open and Common Fields, Heaths, Half-year Lands, and other Commonable Meadows, Pastures, and Grounds, within the Parish of Little Cressingham, in the County of Norfolk."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H. C. that the Lords have to it.

A Message was ordered to be sent to the House of Commons, by the former Messengers:

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

Farlam Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing, the several Moors, Commons, and Waste Grounds, lying within the Manor and Parish of Farlam, in the County of Cumberland."

Brampton Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing, the several Moors, Commons, and Waste Grounds, lying within the Manor and Parish of Brampton, in the County of Cumberland."

York Buildings Company Estate Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for expediting the Sale of the Estates in Scotland, belonging to the York Buildings Company, for the Relief of their Creditors."

Ordered, That the Consideration of the said Bill be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Hotham, who are forthwith to summon all Parties concerned therein; and after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Brewton, &c. Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act of Parliament, made in the Twenty-ninth Year of the Reign of His late Majesty, for repairing and widening several Roads leading from and near the Town of Brewton, in the County of Somerset; and for repairing and widening the Street from the North or North East End of Coombe Street, along Patwell Street, in the said Town of Brewton, to the South or South East Side of Dymond's River."

Horobin against Stainess.

Upon reading the Petition of William Staines, Defendant in a Writ of Error depending in this House, wherein John Horobin is Plaintiff; setting forth, "That the Plaintiff has not assigned Errors within the Time ordered by the House;" and therefore praying, "That the said Writ of Error may be non-pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error non-pros'd, with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non-pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Forty Pounds, for his Costs, by reason of the Delay of the Execution of the said Judgement.

Weston under Wetherby Enclosure Bill.

A Message was brought from the House of Commons, by Sir Charles Holte and others:

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, and other Commonable Lands, in the Parish of Weston under Wetherby, in the County of Warwick;" to which they desire the Concurrence of this House.

Newington, Lighting, &c. Bill.

A Message was brought from the House of Commons, by Mr. Penton and others:

With a Bill, intituled, "An Act for lighting and watching the Turnpike Road leading from the Stone's End, next Blackman Street, in the Parish of Saint Mary Newington, in the County of Surrey, to the Bridge at Walworth, in the same Parish, and the several Roads, Ways, and Places therein described, communicating therewith;" to which they desire the Concurrence of this House.

Causes put off.

Ordered, That the hearing of the Cause wherein Sophia Lady Cranston and Michael Lade Esquire, her Husband, are Appellants, and George Lewis Scott and others, are Respondents, which stands appointed for To-morrow, be put off to Monday next; and that the rest of the Causes on Cause Days be removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, undecimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.